Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol.31,No.50, December 16, 2005 issue of the Florida Administrative Weekly.

5F-2.001 Standards.

(1) Gasoline. The following specifications apply to gasoline sold or offered for sale in Florida. Specific variations or exemptions shall be considered by the Department of Agriculture and Consumer Services for gasoline designed for special equipment or service in accordance with s. 120.542, Variances and waivers.

(1)(a) through (4)(b) No change.

(5) Alternative Fuels.

(a) No change.

(b) Mixtures containing 85% ~~or more~~ by volume of methanol, denatured ethanol, or other alcohols with gasoline or other fuels, or such other percentage determined acceptable in the specifications for such mixtures as adopted in this section~~but not less than 70%, as determined by the department by rule,~~ to provide for requirements relating to cold start, safety, or vehicle functions:

(b)1.through 2. No change.

~~(c) Hydrogen;~~

~~(d) Coal-derived liquid fuels;~~

~~(f) Electricity, including electricity from solar energy; and~~

~~(g) Any other fuel determined by the department by rule.~~

(6) through (7) No change.

5F-2.002 Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels.

(1) GASOLINE.

(a) No change.

(b) Gasoline found below standard because of an Antiknock Index more than one (1.0), but not more than two (2.0), below the Antiknock Index displayed on the dispenser shall be withheld from sale to the public until it has been brought up to the Antiknock Index standard.; If the product meets the specifications for a lesser grade of gasoline, it may be labeled as the lesser grade and released for sale to the public.~~; or the Department may release it for sale to the public as a product of lesser quality, or to the owner for use in his own equipment.~~

(c) Gasoline not meeting specifications stated in ASTM International D 4814-04b^ε1,“Standard Specification for Automotive Spark‑Ignition Engine Fuel”~~found below standard~~ for reasons other than those enumerated in paragraphs (1)(a) and (b) shall be subject to penalties provided in Chapter 525.16, Florida Statutes. These penalties are specified in Rule 5F-2.016, F.A.C.

(2) KEROSENE.

(a) No change.

(b) Kerosene not meeting specifications stated in ASTM International D 3699-04, “Standard Specification for Kerosine”~~found below standard~~ for reasons other than those enumerated in paragraph (2)(a) shall be subject to penalties provided in Chapter 525.16, Florida Statutes. These penalties are specified in Rule 5F-2.016, F.A.C.

(3) DIESEL FUEL OILS No. 1-D and No. 2-D and FUEL OILS No. 1 and No. 2.

(a) through (b) No change.

(c) Diesel fuel oils No. 1-D and No. 2-D, and fuel oils No. 1 and No. 2 not meeting specifications stated in ASTM International D 975-04c^ε1, “Standard Specification for Diesel Fuel Oils” and ASTM International D 396‑04, “Standard Specification for Fuel Oils, respectively~~found~~ ~~below standard~~ for reasons other than those enumerated in paragraph (3)(a) and (b) shall be subject to the penalties as provided in Chapter 525.16, Florida Statutes. These penalties are specified in Rule 5F-2.016, F.A.C.

(4) ALTERNATIVE FUELS.

(a) Alternative Fuels found below standard shall be withheld from sale to the public until brought up to standard.

(b) Alternative Fuels found below standard shall be subject to the penalties as provided in Chapter 525.16, Florida Statutes. These penalties are specified in Rule 5F-2.016, F.A.C.

5F-2.003 Registration and Identification.

(4) All racing gasoline or gasoline designed for special use that is kept, offered, or exposed for sale, or sold at retail that does not meet standards established in 5F-2.001(1):

(a) May not be advertised or represented, in writing or orally, to be suitable for use in ordinary motor vehicles or boat motors;

(b) Shall be accompanied by a conspicuous sign on the dispenser stating that the product does not meet gasoline specifications; and

~~(c) May not be dispensed into vehicles or boats unless the appearance of said vehicles or boats indicate they are used primarily for racing or special purposes.~~

(5) No change.

(6) Beginning June 1, 2006, every retail diesel fuel dispenser shall have the proper grade designation to indicate the sulfur content of the diesel fuel being sold therefrom conspicuously and firmly attached thereto. Lettering must be in block letters of no less than 24-point bold type and printed in a color contrasting the background. The label shall be placed on the vertical surface of each dispenser housing on each side that has measure and price meters. The label shall be on the upper two-thirds of the dispenser and clearly visible to anyone dispensing fuel from the dispenser. The label shall include all of the following text relating to the grade of diesel fuel sold through the dispenser:

(a) through (b) No change.

NON-HIGHWAY DIESEL FUEL (may exceed 500 ppm Sulfur, but not more than 5,000 ppm Sulfur ~~Maximum~~)

WARNING-- Federal law prohibits use in highway vehicles and engines. Its use may damage these vehicles and engines.

(7) No change.

(8) All alternative fuel kept, offered, or exposed for sale, or sold, at retail that contains more than 10% ethanol, methanol or other alcohol shall be identified by a name indicating the amount and type(s) of ethanol, methanol or other alcohol in the fuel and shall be labeled as such on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).

(a) Ethanol mixed with gasoline and containing an ethanol content of nominally 75%-85% ~~or more, but no less than 70%,~~ shall be identified as “E85 Fuel Ethanol.”

(b) Methanol mixed with gasoline and containing a methanol content of nominally 80%-85% ~~or more, but no less than 70%,~~ shall be identified as “M85 Fuel Methanol.”

~~(c) Alcohol (other than methanol or ethanol) mixed with gasoline and containing an alcohol content of 85%, but no less than 70%, shall be identified in a similar fashion as those in (a) and (b).~~

(9) through (10) No change.

5F-2.014 No change.

5F-2.016 Guidelines for Imposing Administrative Penalties

(1) through (5)(d) No change.

The administrative fine will be a sum of the assigned monetary amounts of these factors. These factors will be assigned monetary amounts in the following manner:

1. The degree of harm is determined by the severity and nature of the violation and the extent of harm will be determined by the amount of substandard product sold.

a. Severity and Nature of the Violation

Gasoline

Fine	$100	$250	$500
Distillation: End Point, °F	≤475	476-500	>500
Distillation: 10, 50 & 90% evaporated temperature, °F		all violations
Vapor Pressure, psi	April-October: >maximum but < 11.5	November-March: >13.5 April-October: >11.5
Antiknock Index			>2.0 below displayed value
Sulfur			all violations
Gum			all violations
Alcohol/Oxygenates		>maximum but <20%	>20%
Silver Corrosion			all violations

Diesel, Biodiesel Blends, Kerosene and Fuel Oils

Fine	$100	$250	$500
Flash Point, °F	diesel, biodiesel blends & fuel oils: 80-95. kerosene: 80-91	diesel, biodiesel blends, kerosene & fuel oils: 60-79	diesel, biodiesel blends, kerosene & fuel oils: <60
Distillation		diesel, biodiesel blends, kerosene & fuel oils: all violations
Sulfur*			all violations
Lubricity			all violations
Biodiesel, % vol	Biodiesel blends: >20

*Sulfur requirements for Ultra Low Sulfur Diesel (ULSD or S15) will be elevated to 22 ppm until September 1, 2006 at the wholesale level and October 15, 2006 at the retail level. See 40CFR Part 80 as amended in Federal Register on November 22, 2005, volume 70 number 224, page 70498

Fuel Ethanol (Ed75-Ed85) and Fuel Methanol (M70-M85)

Fine	$100
Ethanol content	Fuel Ethanol (Ed 75-Ed85): all violations
Methanol content	all violations
Vapor Pressure	all violations
Sulfur	all violations
Water content	all violations

Biodiesel Fuel Blend Stock (B100)

Fine	$100
Flash Point	all violations
Water and sediment content	all violations
Sulfur	all violations
Glycerin	all violations
Distillation: 90%	all violations

Specific Authority 525.14 FS. Law Implemented 525.16 FS. History–New 2-24-00, Amended 7‑30‑02.________.

b No change.

2.through 4. No change.